202 Cal. App. 3d 288 - Baker v. Birnbaum’s Empirical Analysis
1988
Citation profile
19 state decisions
How this case has been cited
Cited by 23 later decisions — most recently August 2010
19 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 17 Cal. 3d 699 - Madden v. Kaiser Foundation Hospitals · Wheeler v. St. Joseph Hospital · 60 Cal. 2d 690 - Cross v. Pacific Gas & Electric Co. · Doyle v. Giuliucci · Watkins v. Nutting
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“contracted for medical care solely on her own behalf, and the agreement to arbitrate related only to such services as would be provided to her under that contract.”
2 later decisions quote this exact passage“We are aware of the strong public policy in favor of arbitration as a means of resolving controversies [citation], but that policy does not extend to those who are not parties to an arbitration agreement or who have not authorized anyone to act for them in executing such an agreement. The right to arbitration depends on a contract. (... § 1281.) Neither [husband] nor the son have ever contracted to forego their rights to have their cause of action determined by a jury in a normal judicial proceeding. Although a wrongful death action must rest on a cause of action in the decedent, we cannot hold that the decedent's agreement to arbitrate her possible cause of action is effective to bar the constitutional and procedural rights of the decedent's heirs in their own, independent action.”
1 later decision quote this exact passage“( Id. at p. 292.) The court concluded there was no language in the agreement which would support a finding it was signed on behalf of any person other than the wife. ( Id. at p. 293.) As in Rhodes , the court in Baker reasoned that although public policy favors arbitration,”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.